(a) Rules of Evidence. The rules of evidence prevailing in civil actions in the Ohio courts of civil jurisdiction are adopted for use in hearings before the Board, except as modified by these rules.
(b) Hearsay. The Civil Service Commission may permit the introduction of evidence otherwise excluded as being hearsay. A foundation, establishing both the reliability of the testimony and its necessity, shall be laid before hearsay may be admitted.
(c) Cumulative Testimony. The Commission may limit cumulative testimony.
(d) Prior Discipline.
(1) Evidence of prior discipline is inadmissable to prove the existence of any incident alleged in a Chapter 24 Order.
(2) The Commission may admit evidence of prior discipline if it is offered to prove either:
A. Notice to an employee that particular conduct is unacceptable; or
B. A continuing problem justifying harsher discipline than might otherwise be the case.
(e) Questionnaires.
(1) At any time prior to a hearing the Commission may order evidence taken in the form of questionnaires.
(2) The Commission may require questionnaires to be submitted at a hearing or to be returned by mail.
A. Questionnaires shall be treated as admissions and may be completed with the advice of a party's representative.
B. All questionnaires shall bear the oath or affirmation of the party completing them.
(3) Questionnaires may be used as a sole basis for deciding any appeal brought before the Commission.
(f) Stipulations.
(1) Stipulations shall be accepted by the Commission only when both parties consent to the stipulations.
(2) Stipulations not involving the jurisdiction of the Commission are binding upon both the parties and the Commission.
(3) Stipulations of jurisdiction are binding upon the parties, but not upon the Commission.
(g) Witnesses.
(1) All witnesses at any hearing before the Commission shall testify under oath or affirmation.
(2) The witness may be accompanied and advised by legal counsel. Participation by counsel is limited to protection of his client's rights. Counsel for a non-party witness may neither examine nor cross-examine any witness.
(3) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the Commission may institute contempt proceedings.
(h) Conviction of a Crime.
(1) Conviction of any crime in a court of competent jurisdiction is conclusive evidence of the existence of all the elements of that crime.
(2) A conviction can be established only through certified copies of the original journal entry from the court in which the conviction was obtained.
(3) Evidence of conviction of a crime is inadmissable unless identity is established between the crime and the particulars alleged in the disciplinary order being litigated.
(i) Best Evidence. A duplicate may be admitted to prove the content of a document, recording or photograph unless:
(1) A genuine question is raised as to the authenticity of the original; or
(2) In the circumstances it would be unfair to admit the duplicate in lieu of the original.
(j) Notice. At any time prior to the issuance of a final order, the Commission may take notice of the contents of any of its own records, the records of the City Finance Director's Office or of the appointing authority, including the contents of any personnel file maintained by the Commission, where it is lawfully empowered to do so.
(Ord. 92-1458. Passed 10-6-92.)